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Terms of Use

THIS SITE IS OFFERED FOR YOUR USE CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN (COLLECTIVELY, THE "TERMS OF USE"). YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS OF USE.

1. Use of Site.
As a condition of your use of this site located at www.campusmenus.com ("Site"), you warrant to CampusMenus, Inc. ("CMINC") that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. CMINC may discontinue or alter any aspect of this Site at CMINC's sole and absolute discretion and without prior notice or liability, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Site for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use this Site. You may not use any device, software or routing to interfere or attempt to interfere, or which has the effect of interfering with the proper working of, this Site. You may not attempt to gain unauthorized access to computer systems or networks through this Site, or use this Site for any unlawful purpose or in any other manner not permitted in these Terms of Use. You agree not to use or permit anyone to use the information provided through this Site for any unlawful or unauthorized purpose, or in any other manner not permitted in these Terms of Use. CMINC reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, and to modify the Terms of Use from time to time. Continued access of the Site by you will constitute your acceptance of any changes or revisions of the Terms of Use.

2. Intellectual Property.
You acknowledge that, other than original government works and other public domain materials, this Site contains information, graphics and other material (collectively, "Content") that are protected by copyrights, trademarks, or other proprietary rights. You may not modify, publish, copy, transmit, distribute, publicly display, create derivative works based upon, or in any way exploit, the Content, in whole or in part. You may, however, download Content from this Site for your personal use only, provided you keep intact all copyright and other proprietary notices. "Personal use" in the foregoing sentence means for your own needs or to enable you to provide assistance to family members and personal friends. In the event you download Content from the Site, such Content is licensed to you by CMINC and CMINC does not transfer any title to any such Content to you. Under no circumstances may you download Content beyond the scope of the foregoing license (e.g., wholesale downloading) or use any Content to the competitive disadvantage of CMINC, as determined by CMINC in its sole discretion. "Campusmenus" and the Campusmenus logo are trade names and trademarks of CMINC and may not be downloaded, copied, or otherwise exploited without the permission of CMINC. Other product and business names mentioned on this Site may be the trademarks of their respective owners. Except as set forth herein, reproduction, redistribution or retransmission of any information in this Site without the prior written, express permission of CMINC is strictly prohibited.

3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES PROVIDED THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. CMINC'S SERVICES AND THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE. SPECIFICALLY, CMINC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT SELECTION OR OMISSION OF INFORMATION, PRODUCTS OR SERVICES; (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) ANY WARRANTIES OF NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CMINC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER CMINC NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO GAIN ACCESS TO OR USE THIS SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

YOU HEREBY AGREE TO RELEASE CMINC, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

4. Indemnification.
You agree to indemnify and hold each of CMINC, its members, partners, agents and affiliates harmless from any claims and expenses, including reasonable attorney's fees and court costs, arising out of or related to (1) any violation by you, or any partner, agent or affiliate of yours, of these Terms of Use, or (2) any misrepresentation made by you in connection with your use of the Site or Content.

5. Infringement Policy.
CMINC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c) as amended by Title II of the Digital Millennium Copyright Act (the "Act"), CMINC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to CMINC in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:
CampusMenus, Inc.
2 Park Plaza
Suite 450
Irvine, CA 92614

Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

(c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.


6. Use of Information, Communications.
CMINC may monitor the use of the Site and may use and disclose for any lawful purpose any information and material received from you or collected through your use of the Site. By posting messages or engaging in other communication with or through the Site, you grant to CMINC a perpetual, worldwide, non-exclusive, unrestricted, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication (including your identity and information about you) in any medium now known or hereafter devised and for any purpose, including commercial purposes, and to authorize others to do so. You waive all rights to any claim against CMINC or any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

7. Links to Other Sites.
This Site may contain links to web sites operated by parties other than CMINC. The links are provided for your convenience only. CMINC does not control such web sites and is not responsible for the content thereof. The provision of such links does not constitute an endorsement of anything contained in such web sites and does not imply any association between CMINC and the operators of such web sites.

8. Relationship.
Communications and transmission to and from the Site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and CMINC other than as set forth in this User Agreement. No joint venture, partnership, employment or agency relationship exists or arises between CMINC and you by virtue of your use of the Site.

9. Miscellaneous.
These Terms of Use shall be construed under and controlled by the laws of the State of Ohio without giving effect to any principles of conflict of laws. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Cuyahoga County (Cleveland), Ohio, USA, regarding any and all disputes relating to these Terms of Use or your use of the Site. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and enforced to the fullest extent allowed by law as to effect the intention of the parties, and the remaining provisions shall be enforced. These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, between CMINC representatives and you. Upon notice published through this Site or otherwise, CMINC may modify these Terms of Use at any time.